Copyright

“Human genius is the source of all art creations and inventions. These creative works are warranties of live worthy of a human being. The state obligation is to assure the protection of all the arts and inventions“.

A. Bogsch

The Ministry of Culture is the institution authorized by the Government of the Republic of Lithuania to implement the state policy in the area of copyright and related rights and coordinate the protection of these rights within its competence.

The main goal of the Ministry in this area is the system of copyright and related rights protection that complies with the international and regional obligations of the State, which provides for the conditions of relevant balance between the interests of the copyright owners and the creation users: to assure the protection of the interests of creators and provide them with the possibility of receiving appropriate remuneration for their creative results, also to promote creativity and, at the same time, assure conditions for the public to use the creations for free at certain conditions and guarantee in this way the availability of copyright-protected content in publicly important events, and to encourage culture dissemination and public progress.

COPYRIGHT AND ITS PROTECTION

Copyright is the author’s economic rights and author’s morals right to his/her creation.

The protection of copyright and related rights is regulated by the Law on Copyright and Related Rights of the Republic of Lithuaniahereinafter – the Law, which is harmonized with the International and the European Union legal acts. The Law defines the authors’ economic and moral rights, establishes the objects and subjects of copyright and related rights, terms of protection of copyright and related rights, functions of collective administration association supervision by the Ministry of Culture. The liability for the breach of the copyright and related rights is established by the Criminal Code of the Republic of Lithuania, Article XXIX “Crimes against Intellectual and Industrial Property and the Administrative Code of the Republic of Lithuania, Article 214¹º.

COLLECTIVE ADMINISTRATION OF COPYRIGHT AND RELATED RIGHTS

Major role in copyright and related rights protection is played by collective administration of these rights, performed by the subjects of the copyright and related rights on the basis of voluntary membership in non-profit organisations. The Lithuanian and foreign copyright in Lithuanian is collectively administered by the Association LATGA established in 1991 and Music copyright association NATA established in 2012. For the collective administration of the performers and phonogram producers’ rights, the Lithuanian Related Rights Association AGATA was established in 1999 at the initiative of the performers and phonogram producers and Neighboring rights association GRETA established in 2013. The rights of the owners of audiovisual works are administered by the Association of Audiovisual Works Copyright AVAKA established in 2008.

FUNCTIONS OF THE MINISTRY OF CULTURE IN THE AREA OF COPYRIGHT AND RELATED RIGHTS

In accordance with Article 71 of the Law, the Ministry of Culture, exercising the State policy in the sphere of copyright and related rights and coordinate the protection of the said rights within its competence, shall perform the following functions:

1) generalises the experience of the application of laws and other legal acts in the field of copyright and related rights and submit proposals for the drafting of laws and other legal acts, as well as for the amending and supplementing of the effective legal acts;

2) drafts laws and other legal acts regulating protection of copyright and related rights for the submission thereof to the Government;

3) implements the provisions of international multilateral conventions and treaties for the protection of copyright and related rights;

4) represents the Government in the World Intellectual Property Organisation;

5) exercises the supervision of associations of collective administration of copyright and related rights;;

6) upon the request of collective administration associations and (or) users of works and objects of related rights, mediates in the negotiations concerning the conclusion of agreements;

7) in the cases provided by this Law, exercises the protection of the moral rights of authors and performers;

8) provides legal consultations and methodological assistance to collective administration associations and associations of users of works and objects of related rights, law enforcement institutions ensuring the protection and enforcement of copyright and related rights;

9) systematises legal acts in the field of copyright and related rights;

10) organises seminars, conferences, practical studies on issues of the implementation and enforcement of copyright;

11) maintain contacts and co-operate with foreign institutions and international organisations operating in the field of intellectual property rights.

COUNCIL OF COPYRIGHT AND RELATED RIGHTS OF LITHUANIA

The Council of Copyright and Related Rights of Lithuania (hereinafter referred to as the “Council”) is a public institution, which, as an expert and consultant, investigates issues related to the implementation of the provisions of this Law and international obligations of the Republic of Lithuania in the field of copyright and related rights and submitsconclusions and proposals to the Ministry of Culture. Th Council conmsists of 15 members appointed by the Ministry of Culture in line with the principle of equal representation by the copyright and related rights owners, users and independent members. 5 Council members are suggested upon mutual agreement by the Association of Art Creators and by copyright and related rights collective administration associations, 5 members – by associations of users of copyright, 5 independent members, copyright and related rights specialists and scientists are suggested by the Ministry of Culture. The composition of the Council is approved by the order of the Minister of Culture.

The Council shall:

- render conclusions and proposals to the Ministry of Culture on the issues related to the implementation of the provisions of the Law on Copyright and Related Rights of the Republic of Lithuania and international obligations of the Republic of Lithuania in the field of copyright and related rights;

- mediate in the negotiations between collective administration associations and users of copyright works and objects of related rights concerning the copyright licensing agreements, the remuneration rates and the procedure of payment thereof, except the cases when a remuneration and the procedure for payment thereof is established by the Government;

- at the request of collective administration associations, as well as users of copyright works and objects of related rights, settle disputes concerning the exploitation of works or objects of related rights and concerning the infringement of copyright and related rights;

- mediate in the negotiations between the subjects of the copyright, related rights and the rights of makers of databases (sui generis rights), and the users of these rights on the elimination of measures of technological protection, which are designed to prevent or restrict acts, in respect of objects of copyright, related rights or sui generis rights, which are not authorised by the owners of copyright, related rights or sui generis rights.